This year, the people of Kazakhstan celebrate the current Constitution for the 30th time. The main feature of this document is that the directions of formation of the legal, democratic, social state, spiritual and political diversity of society, establishment of market relations are fully consistent with world requirements.

As the head of state K.-zh.Tokayev said at the international conference dedicated to the 25th anniversary of the Constitution of the Republic of Kazakhstan in 2020: “the Constitution laid a solid legal foundation for our independence. Man and his life, rights and freedoms were declared the most precious treasure of the state. The principles of territorial integrity of the country, social harmony, political stability, the rule of law and democracy are clearly reflected in our main document.” Kassym-Jomart Tokayev noted that the content of the Constitution is being improved and updated in accordance with the requirements of the time, it is a legal phenomenon. Today, the image of the whole world is changing. During this period, Kazakhstan is developing rapidly. Therefore, in accordance with the new situation, additional legal mechanisms and norms are being introduced into the text of the Basic Law. During the quarter-century of the adoption of the basic law, three constitutional reforms were carried out. Civil society took a large part in this work [1]. But all of them were implemented only by decision of the Parliament. And the peculiarity of the fourth constitutional reform in 2022 is that it is implemented through a nationwide reform.

According to Kassym-Jomart Tokayev, the national referendum was successfully held on June 5, 2022. Our citizens took an active part in the voting. He went with his family and showed that he was not indifferent to the future of the country. He expressed his desire for real change and a comprehensive revival. He noted that he hopes and believes that the future will be bright. It is clear that our country is ready to step into the future with unshakable unity. The results of the referendum are known to everyone. “Many supported my initiative to amend the Constitution. I would like to express my gratitude to all the citizens who took part in the voting. Thus, the historical period of the country’s development began. There was a new model of government of the country. That is, we began to create a Second Republic” [2]. The president summed up his opinion: “the most important thing is that over 30 years we have signed many international agreements on behalf of our independent country – the Republic of Kazakhstan, we have established our state borders… We will build a new Kazakhstan as a whole. This is not an easy task. Our people need to adapt to a new life. The consciousness and values of our people must be radically updated. Then a new quality of the nation will be formed. In a word, our entire country will be renewed” [2].

According to the state adviser of the Republic of Kazakhstan Yerlan Karin, on the basis of the amendments to the Constitution, a large-scale political modernization of Kazakhstan is expected. According to him, the amendments to the Constitution are of fateful importance for our country. The constitutional reform is a logical continuation of the entire political reforms of the president since 2019, the draft constitutional amendments are based on the requests of citizens and are being implemented in the interests of the entire society. “Leading scientists, lawyers worked on the project. Perhaps for many of you it will be difficult to immediately see the difference between the old and new versions of the Constitution. Therefore, we have divided all the changes and additions into five major blocks, each of which will answer the main question of what will change in the updated constitution” [3].

The first block of amendments provides for the final transition from the Super-presidential model to the presidential republic. “Firstly, the president will not be part of any political party during his term of office. This ban applies to the chairmen and judges of the Constitutional Court, the Supreme Court, other courts, the chairman and members of the Central Election Commission, as well as the Supreme Audit Chamber of the Republic of Kazakhstan. The advantage of the amendment is to strengthen political competition and create equal conditions for the development of all political parties. Secondly, close relatives of the president will not have the right to hold the positions of civil servants and heads of quasi-public sector entities. Thirdly, the president also does not have the right to dismiss mayors of districts, cities and rural districts.

The second block of amendments is aimed at redistributing the powers of a number of authorities. “First, the presidential quota in the Senate has been reduced from 15 to 10 deputies. At the same time, five of them are represented by the assembly of people of Kazakhstan. Secondly, the Senate may approve candidates for the post of chairmen of the Constitutional Council and the Supreme Judicial Council, which are introduced by the President. Third, the Constitutional Court was established. The Constitutional Court consists of 11 judges – four more than before. Its composition is formed as follows: 6 judges are appointed by the Parliament and four judges are appointed by the President. At the same time, the head of state appoints the chairman of the Constitutional Court with the consent of the Senate. Fourth, the Accounts Committee for control over the execution of the Republican budget was reorganized into the Supreme Audit Chamber. Its chairman reports to the deputies of the Mazhilis twice a year. Such a measure will expand the control of the budget by deputies.

The third block of amendments deals with increasing the role and status of Parliament and its chambers. The State Councilor reminded that the quota of the assembly of people of Kazakhstan will be transferred from the Mazhilis to the Senate and reduced from 9 to 5 deputies. Deputies of the Mazhilis are elected according to a mixed electoral system. 30% of the Mazhilis consists of single-mandate deputies. This makes it possible to fully take into account the rights of all citizens. “It is proposed that the Majilis adopt laws, and the Senate approve them or not. This will strengthen the barriers and balance mechanism in the political system” [3].

The fourth block of amendments to the Constitution provides for greater participation of the population in the affairs of governing the country. The main thing is that the norm that land and its subsoil, water, flora and fauna and other natural resources belong to the people is finally and unambiguously enshrined in the Constitution. The state exercises property rights on behalf of the people. Akims of Regions, Cities of Republican significance and the capital are appointed by the president only with the consent of Deputies of all maslikhats of this region. At the same time, the head of state proposes at least two candidates and a vote is held on them. The candidate who received the most votes is appointed to the position.

The fifth block of amendments is aimed at strengthening the mechanism for protecting the rights of citizens. First, the Constitutional Court, at the request of citizens, considers the constitutionality of normative legal acts directly affecting the rights and freedoms of the Republic of Kazakhstan. Secondly, the decision to abolish the death penalty at the constitutional level is finally approved. Thirdly, the work of the prosecutor’s office is established by constitutional law. This will strengthen systematic law enforcement activities and high supervision over the observance of the rule of law on the territory of the country on behalf of the state. Fourth, the Commissioner for Human Rights had immunity and guarantees of non-dependence and non-accountability on any state bodies and officials. He had the right to apply to the Constitutional Court. These amendments, according to the State Councilor, have historical significance for Kazakhstan. These reforms are the most important stage of large-scale political modernization. After the adoption of these amendments, it was necessary to change more than 20 laws. Constitutional reform is systemic. As a result, the effectiveness of the entire state model is increasing [3].

The main historical significance of the Constitution of Kazakhstan is that the country pays special attention to strengthening national unity and further democratization of our society. This is evidenced by the fact that all the interests of representatives of hundreds of nationalities and nationalities living in our country are protected. It occupies a particularly important place in the context of unity, interethnic harmony, further strengthening and development of statehood of the people of Kazakhstan. The unification of the population of the country, the Daily implementation of which is represented by representatives of different nationalities, is comprehensively provided for in the concepts and articles of the Constitution [4]. In the last XX century, five Constitutions were in force in Kazakhstan: the 1926 Constitution of the Kazakh SSR, the 1937 Constitution of the Kazakh SSR, the 1978 Constitution of the Kazakh SSR, the 1993 Constitution of the Republic of Kazakhstan and the 1995 Constitution in force today. The former successes and achievements of the constitutional system of Kazakhstan, as well as the shortcomings and failures, are equally valuable today.

The 1995 Constitution laid the foundation for the modern statehood of Kazakhstan. The constitutional reforms of the years of independence are aimed at further modernization of the institutions of political power, regulation of relations between the branches of government and bringing them into line with modern requirements. At the same time, the Constitution emphasizes the historical significance of the independent state of Kazakhstan in increasing its international prestige. It reflects in detail the essence, spirit and whole essence of our sovereign state before the world community, the features of the stage of its civilized development, world democratic values. It is easy to see that in the Basic Law, new concepts and names used in society are introduced into scientific and everyday circulation. Thanks to this, the names of market terms in the new period have shifted to a special, fundamentally theoretical and applied sphere, have become an integral part of the life of society. This is an undoubted innovation of the Constitution. The peculiarity of the Basic Law is that it does not allow any of the branches of government, holders of public positions, to violate constitutional rights. Whether he is the president of a country or an ordinary employee, he does not allow the trampling of basic constitutional rights, including human rights and freedoms. Many of the most important issues outlined in the previous Basic Law, but not elaborated, are resolved in a new way in the current Constitution. For example, the Constitution once and for all puts an end to the dispute about the citizenship of the Republic. In this regard, the Constitution of Kazakhstan legally enshrines the absence of dual citizenship. Kazakhstan has taken its rightful place in the world community by adopting a new Constitution. The current Basic Law is an important historical document in the transition and further development of our country. Therefore, every citizen of the Republic is obliged to know its content, strictly observe the requirements and rules, and respect the state symbols.

Based on the basic principles of our Constitution, recently the leadership of our state has been making special efforts to solve social problems. The main content of the program and strategic documents adopted in the country over the years of independence is concern for every citizen of Kazakhstan. In connection with the acquisition of sovereignty by Kazakhstan, new processes have also become widespread in the spiritual life of the Kazakh people. Public education, science and culture have embarked on a broad path of their development. In this regard, the head of state K.-zh. Tokayev, at the moment of his first oath on March 20, 2019, said: “a state has appeared on the world map, which has become a true symbol of development and democracy, peace and harmony. For the first time in the history of Kazakhstan, new state institutions were formed. Among them are the Institute of the presidency, the bicameral Parliament, the civil service, the Armed Forces, the diplomatic service, as well as civil society institutions” [5].

In conclusion, all the above important measures are aimed at preserving the independence of our state, strengthening the unity of the people of the Republic, improving its social and living conditions, health, quality and level of life. All this is achieved through the implementation of the most important political, radical democratic changes introduced in the 2022 referendum, based on the historical provisions provided for by the Basic Law, namely: ensuring the economic, political and spiritual modernization of the Society of the new Kazakhstan, the development of an innovative system of Science and education.

Literature:

1. K. K. Tokayev: speech at the international scientific and practical conference” the Constitution of the XXI century – the rule of law, the value of Man and the effectiveness of the state”. Nur-Sultan, 2020.

2. K. K. Tokayev. Speech at the I Meeting of the National kurultai. June 16, 2022.

3. E. Karin. Explanation of the main proposed changes to the Constitution. inform.kz›…erlan-karin-konstituciyaga-engiziletin…

4. history of Kazakhstan. Encyclopedic reference book. Almaty, 2006.

5, speech of the president of Kazakhstan K.-zh. Tokayev at the moment of his oath.

This year, the people of Kazakhstan celebrate the current Constitution for the 30th time. The main feature of this document is that the directions of formation of the legal, democratic, social state, spiritual and political diversity of society, establishment of market relations are fully consistent with world requirements.

As the head of state K.-zh.Tokayev said at the international conference dedicated to the 25th anniversary of the Constitution of the Republic of Kazakhstan in 2020: “the Constitution laid a solid legal foundation for our independence. Man and his life, rights and freedoms were declared the most precious treasure of the state. The principles of territorial integrity of the country, social harmony, political stability, the rule of law and democracy are clearly reflected in our main document.” Kassym-Jomart Tokayev noted that the content of the Constitution is being improved and updated in accordance with the requirements of the time, it is a legal phenomenon. Today, the image of the whole world is changing. During this period, Kazakhstan is developing rapidly. Therefore, in accordance with the new situation, additional legal mechanisms and norms are being introduced into the text of the Basic Law. During the quarter-century of the adoption of the basic law, three constitutional reforms were carried out. Civil society took a large part in this work [1]. But all of them were implemented only by decision of the Parliament. And the peculiarity of the fourth constitutional reform in 2022 is that it is implemented through a nationwide reform.

According to Kassym-Jomart Tokayev, the national referendum was successfully held on June 5, 2022. Our citizens took an active part in the voting. He went with his family and showed that he was not indifferent to the future of the country. He expressed his desire for real change and a comprehensive revival. He noted that he hopes and believes that the future will be bright. It is clear that our country is ready to step into the future with unshakable unity. The results of the referendum are known to everyone. “Many supported my initiative to amend the Constitution. I would like to express my gratitude to all the citizens who took part in the voting. Thus, the historical period of the country’s development began. There was a new model of government of the country. That is, we began to create a Second Republic” [2]. The president summed up his opinion: “the most important thing is that over 30 years we have signed many international agreements on behalf of our independent country – the Republic of Kazakhstan, we have established our state borders… We will build a new Kazakhstan as a whole. This is not an easy task. Our people need to adapt to a new life. The consciousness and values of our people must be radically updated. Then a new quality of the nation will be formed. In a word, our entire country will be renewed” [2].

According to the state adviser of the Republic of Kazakhstan Yerlan Karin, on the basis of the amendments to the Constitution, a large-scale political modernization of Kazakhstan is expected. According to him, the amendments to the Constitution are of fateful importance for our country. The constitutional reform is a logical continuation of the entire political reforms of the president since 2019, the draft constitutional amendments are based on the requests of citizens and are being implemented in the interests of the entire society. “Leading scientists, lawyers worked on the project. Perhaps for many of you it will be difficult to immediately see the difference between the old and new versions of the Constitution. Therefore, we have divided all the changes and additions into five major blocks, each of which will answer the main question of what will change in the updated constitution” [3].

The first block of amendments provides for the final transition from the Super-presidential model to the presidential republic. “Firstly, the president will not be part of any political party during his term of office. This ban applies to the chairmen and judges of the Constitutional Court, the Supreme Court, other courts, the chairman and members of the Central Election Commission, as well as the Supreme Audit Chamber of the Republic of Kazakhstan. The advantage of the amendment is to strengthen political competition and create equal conditions for the development of all political parties. Secondly, close relatives of the president will not have the right to hold the positions of civil servants and heads of quasi-public sector entities. Thirdly, the president also does not have the right to dismiss mayors of districts, cities and rural districts.

The second block of amendments is aimed at redistributing the powers of a number of authorities. “First, the presidential quota in the Senate has been reduced from 15 to 10 deputies. At the same time, five of them are represented by the assembly of people of Kazakhstan. Secondly, the Senate may approve candidates for the post of chairmen of the Constitutional Council and the Supreme Judicial Council, which are introduced by the President. Third, the Constitutional Court was established. The Constitutional Court consists of 11 judges – four more than before. Its composition is formed as follows: 6 judges are appointed by the Parliament and four judges are appointed by the President. At the same time, the head of state appoints the chairman of the Constitutional Court with the consent of the Senate. Fourth, the Accounts Committee for control over the execution of the Republican budget was reorganized into the Supreme Audit Chamber. Its chairman reports to the deputies of the Mazhilis twice a year. Such a measure will expand the control of the budget by deputies.

The third block of amendments deals with increasing the role and status of Parliament and its chambers. The State Councilor reminded that the quota of the assembly of people of Kazakhstan will be transferred from the Mazhilis to the Senate and reduced from 9 to 5 deputies. Deputies of the Mazhilis are elected according to a mixed electoral system. 30% of the Mazhilis consists of single-mandate deputies. This makes it possible to fully take into account the rights of all citizens. “It is proposed that the Majilis adopt laws, and the Senate approve them or not. This will strengthen the barriers and balance mechanism in the political system” [3].

The fourth block of amendments to the Constitution provides for greater participation of the population in the affairs of governing the country. The main thing is that the norm that land and its subsoil, water, flora and fauna and other natural resources belong to the people is finally and unambiguously enshrined in the Constitution. The state exercises property rights on behalf of the people. Akims of Regions, Cities of Republican significance and the capital are appointed by the president only with the consent of Deputies of all maslikhats of this region. At the same time, the head of state proposes at least two candidates and a vote is held on them. The candidate who received the most votes is appointed to the position.

The fifth block of amendments is aimed at strengthening the mechanism for protecting the rights of citizens. First, the Constitutional Court, at the request of citizens, considers the constitutionality of normative legal acts directly affecting the rights and freedoms of the Republic of Kazakhstan. Secondly, the decision to abolish the death penalty at the constitutional level is finally approved. Thirdly, the work of the prosecutor’s office is established by constitutional law. This will strengthen systematic law enforcement activities and high supervision over the observance of the rule of law on the territory of the country on behalf of the state. Fourth, the Commissioner for Human Rights had immunity and guarantees of non-dependence and non-accountability on any state bodies and officials. He had the right to apply to the Constitutional Court. These amendments, according to the State Councilor, have historical significance for Kazakhstan. These reforms are the most important stage of large-scale political modernization. After the adoption of these amendments, it was necessary to change more than 20 laws. Constitutional reform is systemic. As a result, the effectiveness of the entire state model is increasing [3].

The main historical significance of the Constitution of Kazakhstan is that the country pays special attention to strengthening national unity and further democratization of our society. This is evidenced by the fact that all the interests of representatives of hundreds of nationalities and nationalities living in our country are protected. It occupies a particularly important place in the context of unity, interethnic harmony, further strengthening and development of statehood of the people of Kazakhstan. The unification of the population of the country, the Daily implementation of which is represented by representatives of different nationalities, is comprehensively provided for in the concepts and articles of the Constitution [4]. In the last XX century, five Constitutions were in force in Kazakhstan: the 1926 Constitution of the Kazakh SSR, the 1937 Constitution of the Kazakh SSR, the 1978 Constitution of the Kazakh SSR, the 1993 Constitution of the Republic of Kazakhstan and the 1995 Constitution in force today. The former successes and achievements of the constitutional system of Kazakhstan, as well as the shortcomings and failures, are equally valuable today.

The 1995 Constitution laid the foundation for the modern statehood of Kazakhstan. The constitutional reforms of the years of independence are aimed at further modernization of the institutions of political power, regulation of relations between the branches of government and bringing them into line with modern requirements. In addition, the Constitution emphasizes the historical significance of the independent state of Kazakhstan in increasing its international prestige. It reflects in detail the essence, spirit and whole essence of our sovereign state before the world community, the features of the stage of its civilized development, world democratic values. It is easy to see that in the Basic Law, new concepts and names used in society are introduced into scientific and everyday circulation. Thanks to this, the names of market terms in the new period have shifted to a special, fundamentally theoretical and applied sphere, have become an integral part of the life of society. This is an undoubted innovation of the Constitution. The peculiarity of the Basic Law is that it does not allow any of the branches of government, holders of public positions, to violate constitutional rights. Whether he is the president of a country or an ordinary employee, he does not allow the trampling of basic constitutional rights, including human rights and freedoms. Many of the most important issues outlined in the previous Basic Law, but not elaborated, are resolved in a new way in the current Constitution. For example, the Constitution once and for all puts an end to the dispute about the citizenship of the Republic. In this regard, the Constitution of Kazakhstan legally enshrines the absence of dual citizenship. Kazakhstan has taken its rightful place in the world community by adopting a new Constitution. The current Basic Law is an important historical document in the transition and further development of our country. Therefore, every citizen of the Republic is obliged to know its content, strictly observe the requirements and rules, and respect the state symbols.

Based on the basic principles of our Constitution, recently the leadership of our state has been making special efforts to solve social problems. The main content of the program and strategic documents adopted in the country over the years of independence is concern for every citizen of Kazakhstan. In connection with the acquisition of sovereignty by Kazakhstan, new processes have also become widespread in the spiritual life of the Kazakh people. Public education, science and culture have embarked on a broad path of their development. In this regard, the head of state K.-zh. Tokayev, at the moment of his first oath on March 20, 2019, said: “a state has appeared on the world map, which has become a true symbol of development and democracy, peace and harmony. For the first time in the history of Kazakhstan, new state institutions were formed. Among them are the Institute of the presidency, the bicameral Parliament, the civil service, the Armed Forces, the diplomatic service, as well as civil society institutions” [5].

In conclusion, all the above important measures are aimed at preserving the independence of our state, strengthening the unity of the people of the Republic, improving its social and living conditions, health, quality and level of life. All this is achieved through the implementation of the most important political, radical democratic changes introduced in the 2022 referendum, based on the historical provisions provided for by the Basic Law, namely: ensuring the economic, political and spiritual modernization of the Society of the new Kazakhstan, the development of an innovative system of Science and education.

Literature:

1. K. K. Tokayev: speech at the international scientific and practical conference” the Constitution of the XXI century – the rule of law, the value of Man and the effectiveness of the state”. Nur-Sultan, 2020.

2. K. K. Tokayev. Speech at the I Meeting of the National kurultai. June 16, 2022.

3. E. Karin. Explanation of the main proposed changes to the Constitution. inform.kz›…erlan-karin-konstituciyaga-engiziletin…

4. history of Kazakhstan. Encyclopedic reference book. Almaty, 2006.

5, speech of the president of Kazakhstan K.-zh. Tokayev at the moment of his oath.